Will Medical Malpractice Tort Reform Ever Be Resolved?
Medical malpractice reform has been a longstanding issue in the healthcare community, especially among patient safety advocates. It has gained traction in recent years, but for some, it is not enough.
Advocates for reform say that laws in current states are very limited and not fairly compensating victims of malpractice. Many of these advocates site arbitrary statistics put out about the number of patients affected by medical errors. Whether it's 100 or 100,000, medical professionals and healthcare organizations are still not being proactive enough.
Then there are trial lawyers who fight tort reform, saying all they want to do is protect people against negligent medical professionals.
So who benefits from tort reform? Why does the reform debate sometimes feel stuck and no progress is being made?
Some might argue that trial lawyers only want to see an increase in malpractice caps because they stand a chance to make more money from their clients. An example of this is Proposition 46 in California, which proposes to raise the cap on non-economic damages, and is written and backed solely by lawyers. Many statewide and community organizations have opposed Prop 46 because they feel it will cost taxpayers millions of dollars, plus raise healthcare and malpractice insurance premiums.
Tort reform is a big issue with many aspects to consider. In a perfect world a solution would be one in which everyone benefits - victims of malpractice are compensated fairly, medical professionals are given reasonable rates for malpractice insurance without any fluctuations, the cost of healthcare would remain low, and taxpayers do not have to fit the bill for malpractice lawsuits.
However, maybe our focus is on the wrong things. We're thinking about all the financial aspects. Would our energy be best used if we paid more attention to patient safety and really made a push to ensure medical professionals are conscientious in their work? What if suddenly the number of incidents of malpractice dropped? If patient safety was the priority, we wouldn't have to worry so much about medical errors and lawsuits.
Tort reform has to be a win/win situation, otherwise the debate will just keep going around in circles and continue on and on. The only real solution is to wipe out malpractice altogether. That would entail a huge commitment by the thousands upon thousands working in the medical and healthcare community. It all starts with each person. Are you willing to do what it takes?
Advocates for reform say that laws in current states are very limited and not fairly compensating victims of malpractice. Many of these advocates site arbitrary statistics put out about the number of patients affected by medical errors. Whether it's 100 or 100,000, medical professionals and healthcare organizations are still not being proactive enough.
Then there are trial lawyers who fight tort reform, saying all they want to do is protect people against negligent medical professionals.
So who benefits from tort reform? Why does the reform debate sometimes feel stuck and no progress is being made?
Some might argue that trial lawyers only want to see an increase in malpractice caps because they stand a chance to make more money from their clients. An example of this is Proposition 46 in California, which proposes to raise the cap on non-economic damages, and is written and backed solely by lawyers. Many statewide and community organizations have opposed Prop 46 because they feel it will cost taxpayers millions of dollars, plus raise healthcare and malpractice insurance premiums.
Tort reform is a big issue with many aspects to consider. In a perfect world a solution would be one in which everyone benefits - victims of malpractice are compensated fairly, medical professionals are given reasonable rates for malpractice insurance without any fluctuations, the cost of healthcare would remain low, and taxpayers do not have to fit the bill for malpractice lawsuits.
However, maybe our focus is on the wrong things. We're thinking about all the financial aspects. Would our energy be best used if we paid more attention to patient safety and really made a push to ensure medical professionals are conscientious in their work? What if suddenly the number of incidents of malpractice dropped? If patient safety was the priority, we wouldn't have to worry so much about medical errors and lawsuits.
Tort reform has to be a win/win situation, otherwise the debate will just keep going around in circles and continue on and on. The only real solution is to wipe out malpractice altogether. That would entail a huge commitment by the thousands upon thousands working in the medical and healthcare community. It all starts with each person. Are you willing to do what it takes?
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